Ohio has joined the list of states suing manufacturers for damages, cleanup charges and other costs related to lead paint–an issue that has sparked a major insurance coverage dispute.
The move by Ohio came on Monday, when State Attorney General Marc Dann filed an action in Franklin County Court of Common Pleas suing 10 firms, with paint maker Sherwin-Williams as the lead defendant.
Mr. Dann's suit was filed to preserve the state's right to bring a case, while the current framework of Ohio's public nuisance law, under which he is bringing the action, is the subject of a legal dispute between the Republican legislature and Democratic Gov. Ted Strickland.
Accompanying the attorney general's suit was a motion for a stay, while the issue of whether the governor's veto of a change in the public nuisance law that would limit lawsuits against paint makers is being litigated and the law is “unclear.”
The attorney general is also asking for a lead paint suit by the City of Columbus to be combined with the state action.
Ohio's suit charges paint makers fraudulently sold the lead product when they knew it was dangerous and created a human health hazard. It seeks compensatory and punitive damages, funding of education, detection and abatement programs for lead paint.
The legal action closely follows an action brought by Rhode Island, which last year saw a verdict against three paint pigment manufacturers making them liable for cleanup of lead paint.
In response to the paint litigation, certain Lloyd's syndicates and more than 50 other insurers filed suit in February 2006 in New York State Supreme Court seeking to nullify any duty to indemnify various paint manufacturers for the cost of abatement or damages caused by their product.
Parts of that case have been dismissed, but one paint producer, NL Industries of Dallas, remains a defendant.
In addition to Ohio and Rhode Island, the paint issue has been raised in New Jersey, California and Wisconsin.
Paint makers have said resolving the paint problems can be mediated and the lawsuit gets in the way of a solution.
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